Mediation Glossary
Glossary of Mediation Terms
1. Mediation
A confidential and voluntary process where a neutral third party, known as a mediator, helps disputing parties find a mutually acceptable solution to their conflict.
2. Mediator
A trained professional who facilitates communication, promotes understanding, and focuses the parties on their interests rather than their positions. Mediators do not make decisions for the parties.
3. Agreement
A written document that outlines the decisions and agreements reached by the parties during mediation.
4. Conflict Resolution
The process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests.
5. Confidentiality
An essential component of mediation ensuring that all discussions during mediation sessions cannot be used as evidence in any subsequent court or other contested proceedings, except where required by law.
6. Impartiality
The principle that the mediator must not favor any party over another and must remain neutral throughout the process.
7. Facilitation
The method used by mediators to guide and manage a mediation process, helping parties articulate their needs and interests to reach a resolution.
8. Opening Statement
The initial remarks made by the mediator and the disputing parties during the first meeting, setting out the background of the conflict and the expectations for the mediation.
9. Caucus
A private and confidential meeting between the mediator and one of the parties, without the other party present, used to explore issues, options, and settlements more deeply.
10. Settlement
An agreement reached by the parties resolving the dispute, often the end result of the mediation process.
11. Binding Agreement
A legal agreement reached through mediation that is enforceable by law, similar to a contract.
12. Non-binding Agreement
An agreement that serves as a moral commitment or informal understanding between the parties but is not legally enforceable.
13. BATNA (Best Alternative to a Negotiated Agreement)
The best course of action a party can take if no agreement is reached through mediation.
14. WATNA (Worst Alternative to a Negotiated Agreement)
The worst course of action a party can take if no agreement is reached through mediation.
15. Interest-Based Negotiation
A negotiation strategy that focuses on the underlying concerns, needs, or desires rather than specific demands or positions.
16. Position
The specific outcome or demand that a party states they want, which may differ from their underlying interests.
17. Interests
The needs, desires, or concerns that underlie and inform the positions parties take in a conflict.
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